COVID-19 Update on Provision of Special Education And Related Services Through Alternative Means During School Closures (March 25, 2020)

Our office has recently received many questions related to whether parent consent is required for districts and cooperatives to provide special education and/or related services to students, individually or in groups, through alternative means (i.e., by phone or electronically through online/virtual platforms such as Skype, Facetime, Zoom, Google Hangout, etc.) during the school closure period due to the COVID-19 pandemic.

Our advice concerning these issues has evolved since this pandemic began, particularly in light of the U.S. Department of Education’s March 23rd guidance on FERPA requirements related to distance learning. This update is intended to provide our district and cooperative clients with an up-to-date analysis on the potential issues and considerations under applicable federal and State law.